Delhi High Court stresses due diligence in summons service for eviction cases

New Delhi: The Delhi High Court has stressed the importance of due diligence in serving summons to tenants in eviction cases.

Justice Dharmesh Sharma noted that when a tenant is absent from the tenanted premises, the court should make sincere efforts to serve summons at an alternate address before resorting to summons by publication.

The court stressed that summoning by publication should only be used when no other course of action is feasible.

While noting the special procedure under Chapter IIIA of the Delhi Rent Control Act for eviction cases, it said that proper summons service is fundamental to enable the tenant to file a defence application within the stipulated time.

The observations were made during the hearing of a revision petition filed by a tenant against an order favouring the landlord in an eviction petition.

The tenant, who rented a shop in Kashmere Gate, argued that proper summons service did not occur, and the landlord failed to provide an alternative address.

Setting aside the impugned order, the court noted that the summons were served by affixing a notice at the tenanted premises and publishing it in the local newspaper. However, the landlord did not indicate the alternate address, despite being aware of the tenant's residence.

The court criticised the lack of due diligence and directed the matter back to the trial court for further proceedings, asking the landlord to restore possession of the premises to the tenant.